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contains regulatory documents having general

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Rules and Regulations Federal Register

41519

Vol. 68, No. 134

Monday, July 14, 2003

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–282–AD; Amendment 

39–13227; AD 2003–14–08] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, 737–700, 737–700C, 

737–800, 737–900, 757, and 767 Series 

Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD); 

applicable to all Boeing Model 737–600, 

737–700, 737–700C, 737–800, 737–900, 

757, and 767 series airplanes; that 

requires revising the Airplane Flight 

Manual (AFM) to advise the flightcrew 

to don oxygen masks as a first and 

immediate step when a cabin altitude 

warning occurs. This action is necessary 

to prevent incapacitation of the 

flightcrew due to lack of oxygen, which 

could result in loss of control of the 

airplane. This action is intended to 

address the identified unsafe condition.

DATES: Effective August 18, 2003.

ADDRESSES: Information pertaining to 

this AD may be examined at the Federal 

Aviation Administration (FAA), 

Transport Airplane Directorate, Rules 

Docket, 1601 Lind Avenue, SW., 

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Donald Eiford, Aerospace Engineer, 

Systems and Equipment Branch, ANM–

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6465; fax (425) 917–6590.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to all Boeing Model 

737–600, 737–700, 737–700C, 737–800, 

737–900, 757, and 767 series airplanes 

was published in the Federal Register

on February 24, 2003 (68 FR 8560). That 

action proposed to require revising the 

Airplane Flight Manual (AFM) to advise 

the flightcrew to don oxygen masks as 

a first and immediate step when a cabin 

altitude warning occurs. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. The FAA 

has duly considered the comments 

received. 

Support for the Proposed AD 

One commenter concurs with the 

proposed AD, and several other 

commenters had no objection to the 

proposed AD. 

Request To Modify Cabin Altitude 

Warning System 

One commenter notes that there is no 

‘‘CABIN ALT’’ or ‘‘CABIN ALTITUDE’’ 

warning light in the Boeing Model 737–

800 series airplanes that it operates, and 

for this reason, the commenter suspects 

that the proposed AD does not apply to 

its airplanes. The commenter states that 

the only warning of excessive cabin 

altitude is the intermittent warning 

horn. The commenter suggests that the 

cabin altitude warning system installed 

on the airplane could be greatly 

enhanced by a modification that would 

give the flightcrew a visual warning of 

improper altitude. The commenter also 

suggests that the cabin altitude warning 

should be duplicated in the forward and 

aft galley areas. 

We infer that the commenter is 

requesting clarification of the 

applicability and requirements of this 

proposed AD. We agree that such 

clarification is needed. Our intent was 

for this AD to apply to all airplanes 

listed in the applicability, regardless of 

the equipment associated with the cabin 

altitude warning system. We have 

confirmed with the airplane 

manufacturer that the Model 737–600, 

–700, –700C, –800, and –900 series 

airplanes subject to this AD have a cabin 

altitude warning horn instead of a 

warning light. Thus, we have revised 

Figure 1 of this AD to replace the 

reference to the illumination of the 

cabin altitude light with a reference to 

the sounding of the cabin altitude 

warning horn. 

Further, with regard to the 

commenter’s specific requests to add a 

cabin warning light on the flight deck 

and duplicate the cabin altitude 

warning in the forward and aft galley 

areas, we acknowledge the concerns of 

the commenter. While there may be 

merit to the commenter’s suggestions, 

this AD is not the appropriate context in 

which to evaluate those suggestions. We 

have determined that the cabin altitude 

warning horn is an adequate means to 

alert the flightcrew to an unsafe 

condition and provides an acceptable 

level of safety when combined with the 

changes to procedures required by this 

AD. No further change to the AD is 

necessary in this regard. 

Request To Coordinate Rulemaking 

Activity 

One commenter notes that its 

understanding is that AD 2003–03–15, 

amendment 39–13039 (68 FR 4892, 

January 31, 2003), may be revised in the 

future. (The proposed AD explains that 

the proposed actions are similar to those 

in AD 2003–03–15.) The commenter 

asks us to consider establishing a 

common compliance time between the 

proposed AD and any future revision of 

AD 2003–03–15. The commenter states 

that it would like to accomplish all 

AFM changes in a one-time effort to 

ensure consistency and standardization 

among its manuals, especially for 

similar airplane fleets. Related to 

consistency and standardization, the 

commenter is also concerned about the 

variations in operational procedures in 

the AFM revisions. The commenter 

states that, while the AFM may differ in 

format from one model to another, there 

should not be procedural differences 

related to responding to a cabin altitude 

warning. 

We acknowledge the commenter’s 

concerns but do not concur with the 

commenter’s request. We find that it is 

not possible to establish a common 

compliance time between this AD and a 

possible future proposed AD, because 

the timelines for these rulemaking 

actions are different. We have already 

proposed this AD and allowed 

opportunity for the public to comment, 

but, at this time, we are still considering 

further rulemaking to revise AD 2003–

03–15. In light of the identified unsafe 

condition, we find that it would be

41520 Federal Register / Vol. 68, No. 134 / Monday, July 14, 2003 / Rules and Regulations 

inappropriate to delay issuance of this 

action indefinitely to wait for 

development of a proposal to revise AD 

2003–03–15. 

We also acknowledge the 

commenter’s concerns about ensuring 

consistency among its AFMs, and we 

agree that it may be desirable to have 

the same wording in the AFMs for all 

models. However, the effort to achieve 

commonality is compromised by 

differences in the terminology used to 

identify similar equipment on different 

models, and the subtle differences in 

existing procedures between models. In 

developing the AFM changes contained 

in this AD, we limited the scope of 

changes within each affected AFM to 

avoid introducing standardized wording 

that may be incompatible with 

equipment on the airplane model or 

may contradict other procedures in the 

AFM. 

No further change to the final rule is 

necessary in this regard. 

Conclusion 

After careful review of the available 

data, including the comments noted 

above, the FAA has determined that air 

safety and the public interest require the 

adoption of the rule with the change 

previously described. The FAA has 

determined that this change will neither 

increase the economic burden on any 

operator nor increase the scope of the 

AD. 

Changes to 14 CFR Part 39/Effect on the 

AD 

On July 10, 2002, the FAA issued a 

new version of 14 CFR part 39 (67 FR 

47997, July 22, 2002), which governs the 

FAA’s airworthiness directives system. 

The regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance. However, for clarity and 

consistency in this final rule, we have 

retained the language of the NPRM 

regarding that material.

Explanation of Change to Cost Impact 

After the proposed AD was issued, we 

reviewed the figures we use to calculate 

the labor rate to do the required actions. 

To account for various inflationary costs 

in the airline industry, we find it 

appropriate to increase the labor rate 

used in these calculations from $60 per 

work hour to $65 per work hour. The 

economic impact information, below, 

has been revised to reflect this increase 

in the specified hourly labor rate. 

Cost Impact 

There are approximately 3,107 

airplanes of the affected design in the 

worldwide fleet. The FAA estimates that 

1,599 airplanes of U.S. registry will be 

affected by this AD, that it will take 

approximately 1 work hour per airplane 

to accomplish the required AFM 

revision, and that the average labor rate 

is $65 per work hour. Based on these 

figures, the cost impact of this AD on 

U.S. operators is estimated to be 

$103,935, or $65 per airplane. 

The cost impact figure discussed 

above is based on assumptions that no 

operator has yet accomplished any of 

the requirements of this AD action, and 

that no operator would accomplish 

those actions in the future if this AD 

were not adopted. The cost impact 

figures discussed in AD rulemaking 

actions represent only the time 

necessary to perform the specific actions 

actually required by the AD. These 

figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

Regulatory Impact 

The regulations adopted herein will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

For the reasons discussed above, I 

certify that this action (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979); and (3) 

will not have a significant economic 

impact, positive or negative, on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. A final evaluation has 

been prepared for this action and it is 

contained in the Rules Docket. A copy 

of it may be obtained from the Rules 

Docket at the location provided under 

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety.

Adoption of the Amendment

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (14 CFR part 39) as follows:

PART 39—AIRWORTHINESS 

DIRECTIVES

■ 1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 2. Section 39.13 is amended by adding 

the following new airworthiness 

directive:

2003–14–08 Boeing: Amendment 39–13227. 

Docket 2002–NM–282–AD.

Applicability: All Model 737–600, 737–

700, 737–700C, 737–800, 737–900, 757, and 

767 series airplanes; certificated in any 

category.

Note 1: The requirements of this AD are 

similar to those in AD 2003–03–15, 

amendment 39–13039, which applies to 

various Boeing and McDonnell Douglas 

transport category airplanes.

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent incapacitation of the flightcrew 

due to lack of oxygen, which could result in 

loss of control of the airplane, accomplish the 

following: 

Revision to the Airplane Flight Manual 

(a) Within 90 days after the effective date 

of this AD: For the applicable airplane 

models listed in the ‘‘For—’’ column of Table 

1 of this AD, revise the procedures regarding 

donning oxygen masks in the event of rapid 

depressurization, as contained in the 

Emergency Procedures or Non-Normal 

Procedures section of the Airplane Flight 

Manual (AFM), as applicable, by replacing 

the text in the ‘‘Replace—’’ column of Table 

1 of this AD with the information in the 

applicable figure referenced in the ‘‘With the 

Information In—’’ column of Table 1 of this 

AD. This may be accomplished by recording 

the AD number of this AD on the applicable 

figure and inserting it into the AFM. Table 

1 and Figures 1 through 3 follow:

TABLE 1.—AFM REVISIONS

For— Replace— With the Information in— 

Boeing Model 737–600, –700, –700C, –800, and –900 

series airplanes.

‘‘Rapid Depressurization (With airplane altitude abvoe 

14,000 feet M.S.L.).

Figure 1 of this AD. 

Oxygen Masks & Regulators—ON, 100%’’ 

Federal Register / Vol. 68, No. 134 / Monday, July 14, 2003 / Rules and Regulations 41521

TABLE 1.—AFM REVISIONS—Continued

For— Replace— With the Information in—

Boeing Model 757–200, –200PF, –200CB; and Boeing 

Model 767–200, –300, and –300F series airplanes.

‘‘Rapid Depressurization ..............................................

Recall 

Oxygen Masks and Regulators—ON’’

Figure 2 of this AD. 

Boeing Model 757–300 series airplanes ....................... ‘‘Rapid Depressurization ..............................................

Put on oxygen masks, and establish crew communications’’.

Figure 3 of this AD. 

Boeing Model 767–400ER series airplanes .................. ‘‘Rapid Depressurization ..............................................

Turn on oxygen masks, and establish crew communications’’.

Figure 3 of this AD. 

Figure 1 

For Boeing Model 737–600, –700, –700C, 

–800, and –900 Series Airplanes 

Insert the information in this figure into 

the ‘‘Non-Normal Procedures’’ section of the 

FAA-approved Airplane Flight Manual. 

‘‘Cabin Altitude Warning or Rapid 

Depressurization 

Condition: The cabin altitude warning 

horn sounds: 

Oxygen Masks & Regulators ON, 100%’’

The rest of the steps under this heading in 

the AFM are unchanged. 

Figure 2 

For Boeing Model 757–200, –200PF, and 

–200CB; and Model 767–200, –300, and 

–300F Series Airplanes 

Insert the information in this figure into 

the ‘‘Emergency Procedures’’ section of the 

FAA-approved Airplane Flight Manual. 

‘‘Cabin Altitude Warning or Rapid 

Depressurization 

Condition: The CABIN ALT or CABIN 

ALTITUDE light illuminated indicates cabin 

altitude is excessive: 

RECALL 

Oxygen Masks & Regulators ON, 100%’’

The rest of the steps under this heading in 

the AFM are unchanged. 

Figure 3 

For Boeing Model 757–300 and 767–400ER 

Series Airplanes 

Insert the information in this figure into 

the ‘‘Non-Normal Procedures’’ section of the 

FAA-approved Airplane Flight Manual. 

‘‘Cabin Altitude Warning or Rapid 

Depressurization 

Condition: The CABIN ALT or CABIN 

ALTITUDE light illuminated indicates cabin 

altitude is excessive: 

Put on oxygen masks and establish crew 

communications.’’

The rest of the steps under this heading in 

the AFM are unchanged. 

Alternative Methods of Compliance 

(b) An alternative method of compliance or 

adjustment of the compliance time that 

provides an acceptable level of safety may be 

used if approved by the Manager, Seattle 

Aircraft Certification Office (ACO), FAA. 

Operators shall submit their requests through 

an appropriate FAA Principal Operations 

Inspector, who may add comments and then 

send it to the Manager, Seattle ACO.

Note 2: Information concerning the 

existence of approved alternative methods of 

compliance with this AD, if any, may be 

obtained from the Seattle ACO.

Special Flight Permits 

(c) Special flight permits may be issued in 

accordance with sections 21.197 and 21.199 

of the Federal Aviation Regulations (14 CFR 

21.197 and 21.199) to operate the airplane to 

a location where the requirements of this AD 

can be accomplished. 

Effective Date 

(d) This amendment becomes effective on 

August 18, 2003.

Issued in Renton, Washington, on July 7, 

2003. 

Ali Bahrami, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service.

[FR Doc. 03–17675 Filed 7–11–03; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2002–NM–02–AD; Amendment 

39–13230; AD 2003–14–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330 and A340 Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD), 

applicable to all Airbus Model A330 

and A340 series airplanes, that requires 

revising the Airworthiness Limitations 

Section of the Instructions for 

Continued Airworthiness to incorporate 

life limits for the servo-controls located 

on the ailerons and replacement of the 

servo-controls with new servo-controls 

when they have reached their 

operational life limits. This action is 

necessary to prevent hydraulic leakage 

and failure of the servo-controls due to 

cracks in the end caps and along the 

barrel, which could result in loss of the 

ailerons and consequent reduced 

controllability of the airplane. This 

action is intended to address the 

identified unsafe condition.

DATES: Effective August 18, 2003.

ADDRESSES: Information pertaining to 

this amendment may be examined at or 

obtained from the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, Rules Docket, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056.

FOR FURTHER INFORMATION CONTACT:

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A 

proposal to amend part 39 of the Federal 

Aviation Regulations (14 CFR part 39) to 

include an airworthiness directive (AD) 

that is applicable to all Airbus Model 

A330 and A340 series airplanes was 

published in the Federal Register on 

April 3, 2003 (68 FR 16225). That action 

proposed to require revising the 

Airworthiness Limitations Section of 

the Instructions for Continued 

Airworthiness to incorporate life limits 

for the servo-controls located on the 

ailerons and replacement of the servocontrols with new servo-controls when 

they have reached their operational life 

limits. 

Comments 

Interested persons have been afforded 

an opportunity to participate in the 

making of this amendment. No 

comments were submitted in response 

to the proposal or the FAA’s 

determination of the cost to the public. 

Conclusion 

The FAA has determined that air 

safety and the public interest require the 

adoption of the rule as proposed.